H.L.A. Hart’s “The Concept of Law” (1)

As I mentioned in the preceding post, the MTSP discussion has moved from discussing George Sher’s Desert (my choice) to HLA Hart’s The Concept of Law (Roderick’s). Since I’m not even close to done summarizing and commenting on Sher, I’m obviously not going to commit to writing a series of essays on Hart. But I don’t want our discussions to disappear into the Zoom void, either, so I thought I’d just mention some of the themes of the discussion, using this post as a placeholder for any further discussion that might take place (whether among the Zoom discussants or anyone else who wants to join in).

At Roderick’s suggestion, we read the first two chapters of The Concept of Law–the first on “persistent questions” that arise in defining the concept of “law,” the second on “laws, commands, and orders.” Unfortunately, each one of us had a different edition of the book, which made “citation” difficult, but for this post, I’ll be using the Second Edition. As I see it, three basic issues came up. Continue reading

Desert and Merit (Part 1 of 2)

Having finished Sher’s Desert last week, the MTSP Discussion is on to discussing HLA Hart’s The Concept of Law, but I’m going to spend the next few weeks hammering out summaries of the last four chapters of Sher’s book, just for the hell of it. I’ve had to break my discussion of Chapter 7 of Desert into two parts, a summary and a critique. This post is the summary; I’ll post the critique when I get a chance.

Chapter 7 of Desert discusses a so-far neglected basis of desert, merit. It seems self-evident or obvious to many people that we deserve things insofar as we have or exhibit the right kind of merit, whether moral or non-moral, to do so. Chapter 7, “Merit and Desert,” discusses contexts where moral and non-moral considerations merge in ways that are hard to entangle.  Take for instance the common claim that college admissions be based on candidates’ “merit” with respect to admission. Is that a moral claim or a non-moral one? Does it involve a moral conception of merit or a non-moral one? Continue reading

Hit Me with Your Best Shot

Well, it looks like the pro-booster side has essentially won the argument, at least in the US, over whether boosters ought to be given for recipients of the Pfizer-Biontech COVID vaccine, six+ months after the second dose. My brother Suleman and I have (very incompletely) argued the case in favor of boosters here, here, and here. As front-line health care workers (he’s a physician, I worked in OR EVS), we got our first doses of the shot back in December 2020, and our second ones in January 2021. He works with COVID patients in a hospital, and I work in an increasingly crowded office. Neither of us had any sense of how much protection we were getting from the vaccine at this point.

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The “Other Side” of the Holocaust

My response to a (perfectly legitimate) critique of the Texas directive demanding that teachers teach “both sides” of every issue, including the Holocaust:

Irfan Khawaja October 16, 2021 at 11:08 am

This is a fundamentally idiotic directive with a fundamentally idiotic motivation. But if they’re really duty-bound to abide by it, why not teach the history of the Palestinian nakba of 1947-49? The Palestinians were (and are) the victims of the victims of the Holocaust, the people whose story is rarely told in American discourse. If you want “the other side” of the Holocaust, that’s it. You don’t have to tell the Holocaust from the perspective of David Irving or the SS. Tell it from the perspective of those who were collateral damage of the attempt to compensate the victims.

The Lost Boys

Here’s an exchange I just had with Stephen Hicks over a recent Wall Street Journal article, “A Generation of American Men Give Up on College” (Sept. 6, 2021). (The Journal piece is paywalled, but can be one-time accessed by registering.)

Naturally, I’m having trouble with the technological wonders of the “block editor,” so I’ve indicated in italics where each separate quotation begins.

Stephen’s reaction to the article:

Two thoughts:

  1. This is a bad thing. Boys and young men have been ill-served by mainstream education, such that they are unmotivated and unprepared for life’s challenges — and they know it in their bones.
  2. This is a good thing. Rather than waste two or four more years of the same at colleges and universities that extend the mis-education, the young men will gropingly get into real life and actually find something engaging and valuable to do.
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Voting on Character Means Voting Republican

So here’s a case of character-based voting–not a particularly dramatic one, I’ll admit, but a case just the same, and evidence that character-based voting can, under the right circumstances, make perfect sense. 

I recently got my mail-in ballot for the upcoming general election. One of the offices on the ballot is that of Hunterdon County Clerk (for Hunterdon County, New Jersey). The Republicans are running incumbent Mary H. Melfi as their candidate; the Democrats aren’t running a candidate this time. Assuming that I vote in this election (as I plan to), I have three options:

  1. I could vote for Melfi.
  2. I could leave the relevant part of the ballot blank.
  3. I could write someone in besides Melfi, or write something in the relevant slot, whether or not it’s the name of a candidate, up to and including a ballot-spoiling piece of profanity.

As it happens, I’m a Democrat strongly opposed to the Republican Party in its current incarnation. In previous elections where a Republican was running unopposed by the Democrats (or I was, due to a bureaucratic glitch, forced to vote Republican in a primary), I’ve either left the ballot blank, or in some way voted against the Republicans by some ad hoc expedient–e.g., making use of the write-in option, and writing “Not X” with the Republicans’ name for “X,” or writing in “NOTA” (None of the Above) in rejection of everyone on the ballot. In general, I have no problem with taking a party-line stance on voting, whether for the Democrats or against the Republicans.

In this case, however, I’ve decided to vote for Melfi on grounds of character. So yes: voting on character means voting Republican, at least in this case.

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